ptsd Deceased Veteran Widows Pay

[banchie]

Hi Brothers & Sisters. My life has improved so much thanks to all of you! A slight tear there, sorry.

;)

One of my brother veterans died with his power of attorney assigned to his wife. He was wounded in Nam in the leg and received disability benefits for leg wounds & PTSD. He died of cancer before I could get him A/O connected (was filing the paperwork on presumption). His rate for leg wounds never increased over his lifetime.

The VA has since cut his wife off from any VA benefits. Is this correct? Here is a women who endured a PTSD veteran, and cared for him dying of cancer in her home. Is she entitled to anything? Pension or VA compensation coupled to power of attorney?

Thanks for your help in advance. Banchie VN 67-68'

[tssnave]

Berta,

Glad I could make you smile! It is your story as well as others I have read on hadit that cause me to be a supreme pack rat when it comes to the VA. It appalls me how DIC claims are handled.

Also, with more and more medical mishaps coming to light with the VA, you can't help but wonder how many wrongful death claims there are that don't get processed due to ignorance on the part of the surviving spouse who may not even think to review the medical records and even if they do, most likely would not understand what they are reading and/or how to apply the regs. That's why your story and Judy's and others on hadit are so important to follow - it gives everyone hope to know that if you have the regs on your side and can stick with a claim, you should ultimately prevail.

Hang in there with your claims. I look forward to the day that I read that they have finally paid you every cent they owe you.

Thanks,

TS

[deltaj]

Berta or Wings,

Do I CUE them on my "final unappealed decision"? (** just won SC DIC but only retro to date of RE-opened claim/ 12/2007 while original claim at DOD was 08/1990!**) HOW do they award SC DIC at this time but not retro to DOD when the original claim was filed for SC DIC within 30 days after DOD back in 1990? Doesn't it fit that "if I'm right now, I was right then"?

Is this filed under 1318?

I presume the SO can file this one (as soon as I receive my letter!)...still not here. I spoke to VARO Rep last Wednesday and he said it was on the desk of someone in accounting department and letter would go out on Thursday (for sure)..yeah, right. I hope so. Been over three weeks now since the phone call.

Dr. Bash's IMO does address the EED as well as the wrongful reduction of rating (from 100% to 30%, from 1970 to 1982)....is this a separate claim and under 1318 or what?

I read (several times, being a lay person here) the Tarver v. Shenseki and gathered that Tarver got denial of EED overturned after all was said and done. Seems somewhat similar to my case although differences are obvious too.

Berta, my IMO from Bash does not address malpractice so I will contact him for the second IMO (which I paid for up front) and see if I can get it from him, supporting the FTCA malpractice.

Did you use other(s) doctors for your IMO's and may I inquire who that might be?

Your second claim for DIC was apparently considered a reopened claim. You supported that reopened claim with an IMO doctors report that showed V.A.'s medical treatment drove up your husband's cholesterol and triglycerides and resulted in your husband's death. That evidence was not of record prior to the original decision or in the appeal period thereof. Initially, I thought that under 38 U.S.C. 3.400 and 38 USC 5110, which govern effective dates, that you must raise the issue of clear and unmistakable error in the reduction of your husband's 100% rating under 38 CFR 3.343 and 3.344 in your appeal in order to win an earlier effective date of your DIC under 38 USC 1318. I changed my mind about this after reading the final paragraph of United States Court of Appeals for the Federal Circuit 99-7094, -7102 Christine Hix Claimant-Appellee v. Hershel W. Gober Acting Secretary of Veterans Affairs Respondent-Appellant decided September 20, 2000 which pertains to BVA's obligation to review all evidence of record. Please read that decision online. I came across it by searching google under 38 U.S.C. 1318

Edited June 23, 2009 by deltaj

[Judy]

I just had to post this and hopefully it will be encouraging to all who read it and are still in the battlefield with VAROs around the country.

As some of you know I am now in process of buying a home (thanks to retro and ancillary benefit of VA Home Loan!) I am dealing with Texas Veteran's (Land) Commission regarding the loan as they offer lower interest.

That being said, after discussing my case and its history with the TVLC official in the Houston office, I received a telephone call yesterday asking if they can interview me and profile my near 19 year battle on my VA SC DIC claim! He said is is such an interesting case and I was so perservering and it was amazing to win after all that time so they want to write a feature article for their magazine (published quarterly) and read by veterans throughout Texas and elsewhere!

Of course I said resoundingly "yes"! It will not make the fall issue of the magazine but most likely the winter 2009 issue. I believe the magazine is called "Blazing Voices"; if I'm incorrect, I'll state a correction later on.

Maybe, just MAYBE this will help and encourage some other widow or vet to keep on fighting.

Judy

[Pete53]

Looking forward to your article Judy. Please alert Hadit when it comes out. I think I get the bulletin that TVC sends out.

[Commander Bob]

I just had to post this and hopefully it will be encouraging to all who read it and are still in the battlefield with VAROs around the country.

As some of you know I am now in process of buying a home (thanks to retro and ancillary benefit of VA Home Loan!) I am dealing with Texas Veteran's (Land) Commission regarding the loan as they offer lower interest.

That being said, after discussing my case and its history with the TVLC official in the Houston office, I received a telephone call yesterday asking if they can interview me and profile my near 19 year battle on my VA SC DIC claim! He said is is such an interesting case and I was so perservering and it was amazing to win after all that time so they want to write a feature article for their magazine (published quarterly) and read by veterans throughout Texas and elsewhere!

Of course I said resoundingly "yes"! It will not make the fall issue of the magazine but most likely the winter 2009 issue. I believe the magazine is called "Blazing Voices"; if I'm incorrect, I'll state a correction later on.

Maybe, just MAYBE this will help and encourage some other widow or vet to keep on fighting.

Judy

Congratulations Judy... The TVC and the TVLB have several publications. Could it be in the TVLB's " Texas Veterans Voice ". ??? I'm looking forward to reading the article. Please keep us posted.